TOWN COUNCIL MEETING

Jamestown Philomenian Library

76 North Road

Tuesday, August 14, 2001

7:00 PM

A regular meeting of the Jamestown Town Council was called to order at the
Jamestown Philomenian Library, 26 North Road, at 7:00 pm by Council
President Guy Settipane.  The following members were present:

David Swain, Vice President

David Long

Norma Willis

Also present:

Maryanne Crawford, CPA, Town Administrator/Finance Director

Kimberly A. Turcone, Deputy Town Clerk

Dennis McCarten, Town Solicitor

Absent:          Kenneth Littman

AWARDS, PRESENTATIONS AND ACKNOWLEDGMENTS

1)   Request for letter of condolence to the family of Donald T. Armington
retired Harbor Management Commission Chair (1989-1998)

A motion was made by Councilor Swain and seconded by Councilor Settipane
to send a letter of condolence to the Armington Family for the hard work
and dedication that Mr. Armington gave to the Town of Jamestown and the
waterfront community.  So unanimously voted.

SITTING AS ALCOHOLIC BEVERAGE LICENSING COMMISSION   

none

CONSENT AGENDA

A motion was made by Councilor Willis and seconded by Councilor Swain to
accept the consent agenda with the following being withheld for discussion
(2, 3 (e), 4, 5 (ii), 5 (d xii), 7).  So unanimously voted.

1) Adoption of Council minutes:

a) 07/23/2001 Regular Meeting 

3)       Copies of Minutes of Boards & Committee Meetings:

i. Zoning Board of Review (06/26/2001)

ii. Library Board of Review (06/19/2001)

iii. Planning Commission (06/20/2001, 07/18/2001)

iv. Wastewater Management Sub-committee (02/08/2001)

5)   CRMC

a)   Notice:

i) August 2001 Calendar

iii) Application of James D. Bishop, Sr. of 50 Bay View Drive, Jamestown
to construct and maintain modifications to an existing residential boating
facility located at AP 8 lot 268

b)   Finding No Significant Impact:

i)   Town of Jamestown re: construct stormwater drainage and landscaping
improvements to the existing Community Center located at AP 9 lot 252 41
Conanicus Ave

ii)  James Cardi re: construct an outdoor stone fireplace located at AP 3
lot 562, 1181 North Main Rd

iii) Deborah Wharton Lutman re: strip and re-roof dwelling located at AP
12 lot 51, 223 Hull Cove Farm Rd.

ii) Rodney Thomas re: strip and reshingle roof located at AP 12 lot 57, 8
Arnold Ave.

c)   Certificate of Maintenance:

i)   Eleanor Churchman Smyth c/o Timothy Behan re: replace existing
cesspool with a DEM approved ISDS located at AP 9 lot 329, 104 Racquet Rd.


ii)  Thayer Roberts re: cutting down trees located at AP 10 lot 55, 196
Highland Dr.

d)   Assents:

i)   Thomas & Linda Pearson to alter an existing ISDS located at AP 14 lot
18, Seaside Dr.

ii)  Ellen Winsor re: construct a timber pier way over coastal bluff to
provide shoreline across located at AP 2 lot 226, 736 East Shore Rd.

iii) Corrected Assent to Ellen Winsor to the application listed above

iv)  Gary R. & Suzanne J. Wheelock re: construct a two story addition to
an existing dwelling located at AP 5 lot 18 129 Seaside Dr.

iii) George A. & Ann M. Zainyeh re: construct an addition to an existing
dwelling and improved 3 bedroom ISDS to be installed located at AP 3a lot
127, 433 Seaside Dr.

iv) James A. Notarantonio re: construct chain link fence and clear
vegetation around existing shed located at AP 1 lot 311, 81 Orient Ave.

v) Ronald E & Mary G. Long re: construct a residential boating facility
located at AP 2 lot 87, 850 East Shore Rd.

vi) John G. Haddard re: install a 2" force main for ISDS system through
the 50 foot jurisdictional arena located at AP 11 lot 41, Battery Rd.

vii) Mario Lucci re: plant beach rose on an eroded portion of coastal
bluff located at AP 12 lot 141 60 Bonnet View Dr.

viii) Robert Rizzo re: raze and remove existing dwelling and construct a 3
bedroom home with an ISDS located at AP 1 lot 132, 80 Orient Ave

ix) Ernest Pullano re: construct vegetation clearing located at AP 14 lot
8, Seaside Dr.

6)   Letter from Statewide Planning re: Land Use Policies and Plan 2020

8)   The RAB Environmental Quarterly

9)   US EPA, FEMA and the NEW ENGLAND SERCs brochure

10)  Correspondence from Amy & Ming Cheng re: Falun Gong

11)  Phoenix Flyer 2001

12) Abatements/Addenda of Taxes  

2)    Bills and Payroll

Councilor Willis had a question regarding an engineering bill and the Town
Administrator reviewed the expenses with her.

3)   v. Tax Assessment Board of Review (07/25/2001)

Councilor Swain reviewed the minutes with the Council and commended the
Tax Assessor and Bob Batty for an outstanding job.

4)   Peddler License (*includes waiving application fee):  All appears in
order; Town Clerk recommends issuing these licenses (Council's acceptance
of Consent Agenda will approve licenses)

Applicant           Date     Location Sales    

Friends of Jamestown Skaters *  08/25    E. Ferry T-Shirts

Jamestown Yacht Club      08/25    E. Ferry T-Shirts

Councilor Swain asked Mr. Powell, Chair of the Fools Rules Regatta for
some input.
      Mr. Powell explained that the T-Shirts sold by the Yacht Club help
to put the event on.
     Money that is left over from the event is donated to local community
groups such as the Friends of Jamestown Skaters.
      He asked that the Council not let this become a commercial event.

A motion was made by Councilor Swain and seconded by Councilor Willis to
grant the peddler licenses to the Jamestown Yacht Club and the Friends of
Jamestown Skaters with the stipulation that the Friends of Jamestown
Skaters sell their T-Shirts adjacent to the bus stop in Memorial Square
and that all application fees be waived for both groups.
      So unanimously voted.

5)   (a ii)   Solicitation of Proposals

Councilor Willis stated that she was interested if this was a grant that
could upgrade the restrooms adjacent to the Community Center.
      The Town Administrator stated that she was in the process of looking
into it.

  (d xii)  Town of Jamestown re: replace existing water service to marina
by installing a new patricianly partially buried waterline connected to a
tank truck to be parked west of the marina basin located at Ft. Wetherill
located at AP 10 lot 145, Ft. Wetherill

Councilor Willis questioned where the budget money was coming from to fund
this project.
      The Town Administrator stated that the Ft. Wetherill Boat Owners
Association will fund the project.

7) DEM Notice of a Public Hearing re: State Revolving Fund Regulations

Councilor Long stated that Jamestown has not changed its priority on the
list.

A motion was made by Councilor Willis and seconded by Councilor Swain to
accept the remaining items on the consent agenda.  So unanimously voted.

EXECUTIVE SESSION ANNOUNCEMENT

1)   Contract negotiations, pursuant to RIGL 42-46-5 (a)(2) (collective
bargaining) per Council President Settipane

Councilor Settipane stated that the Council would hear the Executive
Session at the end of the meeting.

PUBLIC HEARINGS

none

OPEN FORUM

1) Scheduled request to address 

a) Peter & Rochelle Carnevale re: Noise Ordinance

Mr. Carnevale read his letter to the Council regarding the abutters
roosters.
      He asked the Council if there was anything that they could do to
enact a noise ordinance between the hours of 7 am to 10 pm.
      The Council stated that this was a personal matter that would have
to be disputed between the Carnevale's and his neighbor.

2) Non-scheduled request to address

None

REPORTS OF BOARDS, COMMITTEES AND TOWN OFFICIALS

1) Town Administrator's report

---------------------------------------------

  Town Administrator Report August 14, 2001

The following report consists of items of general interest to the Council.
     I will be pleased to provide any additional clarification or
information you require.

Public Works

The Public Works Department completed their annual paving projects.
     Most of the paving took place during the heat wave we had at the end
of July.
     Road oiling will begin within the next few weeks.
     Steve picked up the fusion machine for the pipeline project.
     The fusion of the pipeline from South to North Reservoir is underway
and Steve anticipates the fusion portion of the project will be completed
by August 14, 200 1.

The Town did not receive any bids for road oiling when we recently
advertised it.
     In previous years we received only one bid, from a Massachusetts
based vendor called All States Asphalt.
     After the deadline for the bid, Steve called All State and they
informed Steve they did not see the advertisement requesting the bid for
road oiling and faxed a bid to the Town after the bid deadline.
     Since All States has been the sole bidder in recent years, and we did
not receive any other bids, I would recommend awarding the road-oiling bid
to All States.
     All States proposal include 1.45/gallon for oil, the same as last
year's, and $150.00/hour for labor up from last year's price of
$125.00/hour.

Recreation

As the Council requested, Matt Bolles looked into the cost of providing
twenty-four hour surveillance for the public restrooms at the community
center.
     The total cost of the installation of the camera and video equipment
is approximately $ 1,738.00. I consider this proposal too high and will be
contacting other vendors.
     Once the summer is over, I do not think there is any need to keep the
restrooms open beyond 11:00 PM.
     After Labor Day the restrooms will close at 11:00pm.

Finance

Attached please find the Tax Collector's report for the month of July.

Planning

The Town Planner has gathered a number of ordinances around the state
regarding high groundwater table regulations.
     Lisa will forward this information to the Planning Commission to be
discussed at their August 15th meeting.
     There are also several possible grant opportunities for this project
and the Town is eligible to apply for these grants.
     However, the Town will be ranked very low on the priority list due to
the fact that our Wastewater Management Plan is not approved. Once the
Plan has been approved, Lisa will pursue these grant opportunities. 

Lisa has received a draft of the Wastewater Management Plan and has
forwarded it to the Wastewater Management Sub-Committee.
     The committee will meet on August 15th to discuss the Plan and it
will be sent to the Council for the August 27th meeting.

Fire

Chief Arthur J. Christman reported there were forty-seven fire / rescue /
service calls for the period of July 16 through August 5, 2001.

Administration

Tina Collins and I will be attending a workshop at the RI Clean Water
Financing Agency.
     This workshop will discuss the program for the "0" percent financing
for wastewater projects.
     To update the new Council members, during last November's statewide
election, a statewide referendum question was put before the voters to
authorize the State to issue bonds on behalf of the Clean Water Financing
Agency in the amount of $60,000,000.
     The proceeds of this bond issue will be to provide local communities
with funding for wastewater projects.
     All loans issued will be at a "Zero" percent interest rate.
     The referendum overwhelmingly passed. Now the Town of Jamestown is
one of the many communities eligible to receive funding at this zero
percent interest rate.
     As I receive more information concerning this loan program I will
forward it to the Council.

Also relating to the rehabilitation of the Sewer Treatment Plant, I would
like the Council to authorize me to sign a short-term note to finance the
project until we borrow long term.
     I anticipate using this short term financing until the first of the
year.
     In the fiscal 2001 / 2002 sewer budget, I did budget for the interest
that accrued prior to converting to a long term bond issue.
     I anticipate not having to borrowing more than $500,000.
     The RI Clean Water Finance Agency will finance this short-term loan.

Since the workshop held on Monday August 6, 2001, I have the following
information to forward to the Council.

o The Police Department will make note of the number of people at the
Shores' Beach until the end of the summer while on routine patrol.

o The Recreation Department is looking into applying for a grant from
RIDEM relating to signage, improvements, and brochures for our local
access points.

o Attached is a letter from Quentin Anthony when he was the Town Solicitor
concerning the use of the Wood Pile Pier at East Ferry

o It is my understanding that the floating dock at the end of the Wood
Pile Pier was funded in part by a grant from RI DEK Division of Fish and
Wildlife.
     The Jamestown Yacht Club was the actual grant applicant and received
the funds.
     I have spoken to Chris Powell and he is trying to locate the grant
documentation so it can be determined if there are any restrictions
associated with the floating dock.
     Once I have this information I will pass it along to the Council.

o Attached is a copy of the amount of trash picked up by the litter
patrol.

The Friends of the Jamestown Community Center recently met and have
decided to continue to pursue signature opportunities and private grant
funds.
     A sub-committee, charged with identifying potential cost savings, has
reviewed the bids received, bid specifications and design of the project.
     The sub-committee identified certain changes in materials used and
details of the project that may be changed without effecting the integrity
of the project.
     The changes have been outlined in a bid addendum to be sent to the
two lowest bidders.
     The committee anticipates these changes will reduce the overall cost
of the project.
     This addendum will be mailed out early this coming week with revised
bids due on August 23, 2001.

Emergency Management Director Craig Watson and Deputy Finance Director
Tina Collins attended a workshop at Rhode Island Emergency Management
concerning the upcoming hurricane season, The workshop was informative and
hopefully the Town will not experience a hurricane this season.

At the last Council meeting I suggested we set a date to complete a tour
of Town facilities.
     I would suggest the Council consider one of the following dates.
     September 5th, 11th or 13th.
     We will start early in the afternoon and finish sometime in the early
evening.
     I have attached a list of facilities we will tour.
     If you have any additional facilities to add to the list please let
me know.

For Council Consideration:

Set a date to tour Town facilities

Authorize the Town Administrator to borrow funds on a short term basis for
the   Sewer Rehabilitation Project

Award the oil bid to All States Asphalt Inc. at the rates of $1.45/gallon
and   $150.00/hr

-------------------------------------------------- 

The Town Administrator added to her submitted report that the reservoir is
down 18".
      She also stated that she has received another bid for $1100.00 for a
surveillance camera for the Community Center restrooms in which will be
installed as soon as possible

A motion was made by Councilor Long and seconded by Councilor Swain to
authorize the Town Administrator to borrow funds on a short term basis for
the Sewer Rehabilitation Project not to exceed $500,000.00.  So
unanimously voted

A motion was made by Councilor Long and seconded by Councilor Willis to
award the oil bid to All States Asphalt Inc. at the rates of  $1.45/gallon
and $150.00/hr.  So unanimously voted.  

Councilor Willis stated that she would coordinate with the Town
Administrator to tour the Town facilities since the other Council members
already are familiar with them.
      She stated that she would like the acreage of each site along with a
copy of the Assessor's Plat map for the tour.

2)   Jamestown Quonset Davisville Liaison Committee (one (1) vacancy
exists, term unspecified) if favorable, order advertised

a) Resignation of Arthur Lemke, Jr.

Dennis Webster stated that there is no set number of members for his
Committee and that they would send the Council a letter asking to fill the
vacancy if the Committtee feels it's appropriate.

3)   Town Buildings & Facilities Committee (interviews complete) if
favorable, appointments are to consist of five (5) residents who are
qualified electors 

Randall Tyson

Alerino Iacobbo

Bill Kimball

Daniel Capuano

Don Richardson

Joseph Ducas

Nick Robertson

Bill Marsh

Mary Webster

Raymond Iannetta

Carl Bednarczyk

Rosemary Woodside

Richard Anderson

Patrick Bolger

Richard Ventrone

Bob Dolan

Arek Galle

Sav Rebecchi

A motion was made by Councilor Settipane and seconded by Councilor Swain
to proceed to nominate 5 members of the Town Building's and Facilities
Committee on paper first before announcing the new members.
      So unanimously voted.

A motion was made by Councilor Settipane and seconded by Councilor Swain
to appoint the following members to the Town Buildings & Facilities
Committee: Bill Kimball, Nick Robertson, Arek Galle, Daniel Capuano and
Raymond Iannetta.  So unanimously voted.

Councilor Settipane read the charge in which the Committee would be
responsible for.  

A motion was made by Councilor Swain and seconded by Councilor Settipane
to elect Carl Bednarczyk as an alternate non-voting member that would
participate as a Committee member for extra input.  

A motion was made by Councilor Willis and seconded by Councilor Long to
nominate Bill Kimball as Chair of the Committee.  So unanimously voted.

A motion was made by Councilor Settipane and seconded by Councilor Willis
for the Chair to communicate with the Committee and set up their first
meeting within the next 10 days.  So unanimously voted.

a)      Letter of withdrawal from Craig Amerigian

The Council accepted the letter from Mr. Amerigian.

4)   Town Charter Review Committee (interviews complete) if favorable,
appointments to consist of five (5) residents who are qualified electors

Sav Rebecchi

Jill Anderson

Rena Tyson

Thomas Tighe

Jane Anthony

Nancy Mason

Peter Shocket

Bill Kimball

Andy Weiker

Howard Tighe

Michael Swistak

A motion was made by Councilor Settipane and seconded by Councilor Swain
to proceed to nominate 5 members of the Town Charter Review Committee on
paper first before announcing the new members.  So unanimously voted.

A motion was made by Councilor Settipane and seconded by Councilor Long to
appoint the following to the Town Charter Review Committee: Sav Rebecchi,
Peter Shocket, Michael Swistak, Thomas Tighe and Nancy Mason.
      So unanimously voted.

  Councilor Settipane read the charge in which the Committee would be
responsible for.

  A motion was made by Councilor Long and seconded by Councilor Willis to
vote on an alternate to the Committee to participate without voting.
      So unanimously voted.

A motion was made by Councilor Willis and seconded by Councilor Swain to
nominate Jane Anthony as an alternate member of the Town Charter Review
Committee.  So unanimously voted.

A motion was made by Councilor Settipane and seconded by Councilor Swain
to nominate Sav Rebecchi as the Chair of the Committee and for the Chair
to contact the other members within 10 days to set up a meeting.
      So unanimously voted.

5)   Affordable Housing Committee (one (1) vacancy; term expires
05/31/2003); if favorable, appoint

b) Jocelyn B. Baldwin

c) William H. Murphy

A motion was made by Councilor Willis and seconded by Councilor Swain to
appoint William H. Murphy to the Affordable Housing Committee, term ending
5/31/2003.  So unanimously voted.

6)   Fire Department Compensation Committee one (1) vacancy exists
"citizen at large"

a) Letter from Committee Chair requesting the appointment of Corey Hanson

A motion was made by Councilor Willis and seconded by Councilor Swain to
appoint Corey Hanson to the Fire Department Compensation Committee to fill
the  "citizen at large" vacancy.  So unanimously voted.

7)   Jamestown Fire Department Tax Abatement Committee vacancy

b) Letter from Chief Christman to appoint Anita Marshall

A motion was made by Councilor Willis and seconded by Councilor Swain to
appoint Anita Marshall to the Jamestown Fire Department Tax Abatement
Committee.  So Unanimously voted.

8) Conservation Commission

a) Memorandum from Chair re: Trails Improvement Program

Chris Powell, Chair reported that the Committee has applied for two grant
projects.
      The grants involved signage and the opening of public trials
designated by the State and Town as Public Rights-of-Ways.  

A motion was made by Councilor Willis and seconded by Councilor Long to
pursue the trail improvement as outlined in the Conservation Commission's
memo.  So unanimously voted.

b) Maple Avenue Public Right-of-Way

The Chair reported on the access problems at the right-of-way on Maple
Avenue.
      He asked the Council to support a grant to improve the available
access.

A motion was made by Councilor Swain and seconded by Councilor Long to
develop a plan as outlined in the Conservation memo to the Council as
follows:

a. The site needs to be surveyed with permanent boundary markers
installed;

b. The Town needs to fill holes in the road and regrade;

c. A split rail fence should be installed along the road and ROW to
control access;

d. Limited parallel parking should be designated along the fence;

e. A small boat storage rack should be provided for Town stickered boats;

f. Signage explaining proper use of the area should be installed.

So unanimously voted.

UNFINISHED BUSINESS

1)   Items continued from work session (08/06/2001):

a) Parking on East Shore Rd - toll booth area & (b) Potters Cove

The Town Administrator stated that she was waiting to hear back from Chief
Tighe regarding the area.

c) Rights-of-Way

The Town Administrator recommended that the next budget include monies for
the Recreation Department to maintain some of the ROW's.
      She stated that she was waiting to hear back from the Director of
Public Works, Harbor Commission and the Planning Commission's
recommendation as stated in the draft of the Comprehensive Plan.

d) Shores Beach

The Town Administrator reported that the Police will be logging the number
of people using the beach and by the end of the summer the Town should
have some idea how many people use the facility.

e) Waterfront Enforcement - Harbor Management Commission

A motion was made by Councilor Settipane and seconded by Councilor Willis
to ask the Jamestown Harbor Management Commission to draft a memo to the
Council regarding the usage of the floating dock (boaters vs. recreational
use) at East Ferry and report back to the Council as soon as possible.
      So unanimously voted.

2)   Status Updates (per Council President Settipane)

a) Route 138 Bike Route

The Town Administrator reported that a meeting has been set between the
DOT and the Council to be held at the Library on September 17th at the
Library.

b) High Water Table Ordinance & (c) Wastewater Management Ordinance

Councilor Swain stated that there will be a meeting on August 15th at 3:30
pm regarding this issue.  He will report back at the next meeting.

  3) Town Solicitor's Position (continuation of selection process)

a) Letter from Andrew M. Teitz

A motion was made by Councilor Willis and seconded by Councilor Long to
accept the correspondence from Andrew M. Teitz.  So unanimously voted.

A motion was made by Councilor Swain and seconded by Councilor Long to
appoint DeSimone & Leach to fill the Town Solicitor position.
      So unanimously voted.

A motion was made by Councilor Settipane and seconded by  Councilor Swain
to appoint DeSimone & Leach subject to the acceptance of no more than
$65,000.00 per year and to begin working for the Town no later than
September 1st.  So unanimously voted. 

  4) Sewer Treatment Plant Rehabilitation

a)   Siegmund & Associates - contract approval (per Town Administrator)

  The Town Administrator gave an overview regarding the agreement between
the Town and Siegmund & Associates.
      Councilor Settipane added some additional items and asked that it be
brought back for Council approval.  

COMMUNICATIONS

1) International Brotherhood of Police Offices

a) Letter re: negotiations between the Town of Jamestown and IBPO Local
305

A motion was made by Councilor Swain and seconded by Councilor Long to
accept the communications from the International Brotherhood of Police
Offices.  So unanimously accepted.

2) Letter from Donald Richardson re: Jamestown Harbor Management
Comprehensive Plan

A motion was made by Councilor Long and seconded by Councilor Swain to
accept the communications from Donald Richardson regarding the Jamestown
Harbor Management Comprehensive Plan.  So unanimously accepted.

3) Letter from David G. Booth re: Personal Watercraft 

A motion was made by Councilor Swain and seconded by Councilor Long to
accept the communications from David G. Booth regarding Personal
Watercraft.  So unanimously accepted.

XI.  NEW BUSINESS:

  1) Application for Exception or Variation under the Zoning Ordinance

     a) Andrea Colognese & Doriana Carella  

b) Basil & Anna Williams

A motion was made by Councilor Long and seconded by Councilor Willis to
accept the two Zoning applications as communications to the Council.
      So unanimously voted.

2)   Letter from Paula Smith re: transfer of ownership of lot 251
Jamestown Shores Plat 1

The Town Administrator explained the donation of property to the Town and
a motion was made by Councilor Swain and seconded by Councilor Willis to
accept and authorize the Town Administrator to pursue in earnest the
donation and to write a thank you letter to the Ackley's.
      So unanimously voted.

3)   Letter from Frederick Reis re: Jamestown Harbor Management Commission
appeal

  A motion was made by Councilor Willis and seconded by Councilor Long to
accept the letter from Mr. Reis.  So unanimously voted.

Councilor Settipane asked that the Town Administrator give Mr. Reis
adequate notice that the Council will hear the issue at the next meeting
with the Jamestown Harbor Management Commission complete record.

OTHER COMMUNICATIONS

None

OPEN FORUM CONTINUED

None

EXECUTIVE SESSION

A motion was made by Councilor Settipane and seconded by Councilor Willis
to adjourn into executive session at 9:45 pm.
      Councilor Willis - Aye, Councilor Settipane - Aye, Councilor Swain -
Aye, Councilor Long - Aye

A motion was made by Councilor Settipane and seconded by Councilor Swain
to reopen executive session pursuant to contract negotiations, pursuant to
RIGL 42-46-5 (a)(2) (collective bargaining) at 9:50 pm.
      Councilor Willis - Aye, Councilor Settipane - Aye, Councilor Swain -
Aye, Councilor Long - Aye

A motion was made by Councilor Long and seconded by Councilor Settipane to
seal the minutes of executive session.
      Councilor Willis - Aye, Councilor Settipane - Aye, Councilor Swain -
Aye, Councilor Long - Aye

A motion was made by Councilor Settipane and seconded by Councilor Long to
authorize the Town Administrator to continue negotiations with regards of
the IBPO matter and make the Town offers made in executive session.
      So unanimously voted.

A motion was made by Councilor Swain and seconded by Councilor Settipane
to adjourn at 10:07 pm.

Attest:

Kimberly A. Turcone

Deputy Town Clerk